Update:ย
- In a joint notice filed July 12 in a California federal court, HP and a certified class of consumers reached a settlement in principle and are working to finalize the agreement.ย
- Consumers sued the printer company in 2020, alleging it pushed a software update to its printers to make them incompatible with other brandsโ ink cartridges.ย
- They allege HP transmitted firmware updates without authorization to HP printers through the internet, with the first update pushed around Nov. 2020. These firmware updates reportedly act as malware, โadding, deleting or altering code, diminishing the capabilities of HP printers and rendering the competitorsโ supply cartridges incompatible with HP printers,โ the plaintiffs claim.
HP ink cartridge class action lawsuit overview:
- Who: HP Inc. is being sued by customers.
- Why: The customers allege HP pushed a firmware update that made its printers incompatible with other brandsโ ink cartridges.
- Where: Nationwide
(Oct. 16, 2021)
A class action lawsuit alleging HP pushed a software update to its printers to make them incompatible with other brandsโ ink cartridges can mostly go ahead, a judge has ruled.
A California federal judge ruled Oct. 15 that most of the class action allegations filed by printer owners against HP, Inc. could go ahead, throwing out only three of the claims.ย
The claims against HP were first filed in Dec. 2020. The plaintiffs allege that HP transmitted firmware updates without authorization to HP printers through the Internet, with the first update pushed around Nov. 2020.
These firmware updates allegedly act as malware, โadding, deleting or altering code, diminishing the capabilities of HP printers, and rendering the competitorsโ supply cartridges incompatible with HP printers,โ the plaintiffs said.
HP forced customers to purchase HP ink cartridges, class action alleges
The class action lawsuit said the company told them that HP printers have a โsupply problem,โ when HP had in fact intentionally caused the issue by sending the โmalwareโ to render third-party ink cartridges incompatible with HP products.ย
โPlaintiffs allege that as a result of this malware, HP printer owners are either forced to buy HP cartridges or they cannot use their printers until third parties can develop workarounds in their products,โ the lawsuit states.ย
They also allege HP used this firmware update process to conceal the fact it is actually collecting data on whether consumers are using HP or its competitorsโ cartridges without their consent.ย
The lawsuit is looking to represent anyone nationwide who had a HP Color LaserJet Pro M254, HP Color LaserJet Pro MFP M280, HP Color LaserJet Pro MFP M281, or any other model affected by HP malware transmissions.ย
The plaintiffs are Mobile Emergency Housing Corp., Performance Automotive & Tire Center and David Justin Lynchโs.
The plaintiffs are suing under the Computer Fraud and Abuse Act (CFAA), the California Comprehensive Computer Data Access and Fraud Act (CDAFA), California False Advertising Law, California Unfair Competition Law and California Consumers Legal Remedies Act.
The order filed Oct. 15 allowed most of the claims to go ahead, apart from allegations regarding one section of CFAA, trespass to chattels and one claim based on one part of CDAFA.
The news comes as HP faces another class action lawsuit, with a consumer alleging that he and others with an HP โInstant Inkโ subscription are experiencing faulty, error-prone cartridges.ย
Do you own an HP printer that suddenly wouldnโt work with other brandsโ ink cartridges? Let us know your experience in the comments!ย
The plaintiffs are represented by Mark L. Javitch of Javitch Law Office and Thomas A. Zimmerman Jr. of Zimmerman Law Offices PC.
The HP Software Update Ink Cartridge Class Action Lawsuit is Mobile Emergency Housing Corp. et al. v. HP Inc., Case No. 5:20-cv-09157, in the U.S. District Court for the Northern District of California.
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1,748 thoughts onHP agrees to settlement in overpriced, incompatible ink cartridge class action
Please add me to the lawsuit. I could not use my printer due to the ink issue and bought more ink thinking the prior ink was no good and still would not work so I bought a new printer/scanner.
I had to buy a new printer due to ink issues.
My HP printer head crashed and jammed up when I tried to use other printer ink cartridges. They sure will not let you use any other brand and cause you to buy a new printer due to printer head malfunction.
I have several HP printers and they all have issues with the ink cartridges, I find it frustrating that an all-in-one copier, scan, fax and web printers wonโt do anything when the ink is empty, including scanning or faxing. I donโt recall needing ink to scan or fax. Another printer (HP Office Jet Pro 8710 print, fax, scan, copy, & web) I bought used and now I cannot use it until my cartridges are registered in the โInstant Inkโ program, I am very unhappy because I needed the printer right away and I could not use it at all when I got it home. I donโt use a copy machine often enough or on a regular basis to be in some program that automatically sends you ink cartridges. My HP Office Jet 4635 will not do anything with empty ink cartridges.
In the same boat as many others with hp printers.
Please add me to suit.
HP Insta ink printer suit
How/Where do customers/consumers join or file proper forms to be included in this Class action Settlement against โHP Insta Inkโ? Would LOVE more information about this as I believe I am an eligible consumer/customer!
I owned an HP printer and did the upgrade and then I couldnโt use the ink I had bought already for the printer so I had to throw that away and buy HP printer ink and that was the last time I did I threw the printer away
please add me
Me also, please.
Iโve owned HP printers for years and could never figure out why ink from other companies wouldnโt work in my HP printer. Now I know why, which is disturbing, not to mention unethical. Please add me to the class.